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Company owner dodges breach of contract suit
Where the CEO of the corporate defendant only acted for the benefit of the corporation, there were insufficient allegations to pierce the corporate veil and hold him personally responsible for the company’s alleged breach of contract. Background According to the allegations in the complaint, in 2018, Shandong Reltex Leihua Co. Ltd entered into a warehousing […]
Enforceable arbitration clause in construction contract
Where the parties’ construction contract unambiguously provided that the American Arbitration Association’s rules applied in the event of a dispute, the trial court erred by deciding which of appellants’ claims were subject to arbitration. The AAA rules provide that the arbitrator determines arbitrability. Arbitration rules “Because the contract contains an enforceable arbitration clause t[...]
Contingency agreement not basis for fee award
A federal court awarded attorneys’ fees to plaintiff’s counsel in a case stemming from a disagreement between two attorneys.
No private action against bank for failure to prevent elder exploitation
An elderly woman scammed out of more than $130,000 has no private cause of action under federal and state laws that impose a permissive duty to deny or report transactions that it may suspect are elder financial exploitation, the Court of Appeals of Virginia has held.
Contingent fee arrangement doesn’t control fee award
Although the plaintiffs argued the contingency fee to which they agreed in their retainer agreement should control, the court instead awarded attorney’s fees to the prevailing party based upon his reasonable hours and the prevailing rate. Background This civil action originated from an arrangement between two lawyers, Thomas Lankford and John C. West Jr., who […]
Company’s effort to vacate default judgment fails
Where a default judgment was entered against a company that failed to timely respond to a complaint, its motion to vacate the default judgment, filed more than 10 months later, was denied. The defaulting party failed to show improper service or excusable neglect. Background Plaintiff, the Board of Trustees of the Sheet Metal Workers’ National […]
Lender granted default judgment
Where a borrower and guarantor failed to respond to the lender’s breach of contract suit, they are liable for a total of $121,520.99 in damages, plus post-judgment interest and $34,352.15 in attorney’s fees. Background Before the court is Wells Fargo Commercial Distribution Finance LLC’s motion for default judgment against Shore Saw & Mower Inc. and […]
Guarantor liable for $160K judgment
Where a trash collection company failed to make required payments under an equipment financing agreement, and its guarantor failed to respond to the lender’s lawsuit alleging breach of contract, judgment was entered for a total of $156,987.72, plus attorney’s fees. Background This is a breach-of-contract debt collection case. Regions Bank filed its complaint on April […]
No duty to reverse fraudulent wire transfer
Where appellee was scammed for $134,500, the credit union that made wire transfers to the scammer had no duty to prevent the transfers. The circuit court’s decision in this case is reversed. Overview Appellee Lentz was a 74-year-old woman who was her husband’s care provider when a “scammer convinced Lentz to make two transfers, on […]
Counterclaim for unpaid rent dismissed
Where the parties disputed the terms of their lease agreement concerning the payment of rent, the trial court considered the testimony and trial exhibits, and correctly credited the lessee’s version. Overview Following a rent dispute, Taj Corporation and Shahjahan Mia (Mia) sued Twenty-Third Street after being evicted. Twenty-Third Street responded with a counterclaim alleging Mia […]
Tenant awarded damages for lost water service
Where a landlord was responsible for maintaining water service to a rental unit and service was cut off when she did not pay the bill, a damage award of $5,040.94 to the tenant cannot be reviewed on appeal. The landlord did not provide a transcript or written statement of facts of the relevant proceedings. Analysis […]
Ex-wife entitled to life insurance proceeds
A postnuptial property separation didn’t clearly indicate that a widow’s ex-spouse intended to remove her beneficiary status from a $300,000 life insurance policy before his death, the Western District of Virginia has held.
Verdicts & Settlements
- Driver fell asleep, causing significant auto accident — $1M settlement
- Defense verdict returned for company in rear-end crash — Defense verdict
- Cauda equina syndrome developed after procedure — $625,000 settlement
- Passenger died months after sustaining multiple injuries — $725,000 settlement
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
